Bill Text: IN SB0430 | 2013 | Regular Session | Introduced
Bill Title: Improper sexual conduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Corrections & Criminal Law [SB0430 Detail]
Download: Indiana-2013-SB0430-Introduced.html
Citations Affected: IC 35-42-4-9.5.
Synopsis: Improper sexual conduct. Provides that a person at least 21
years of age who fondles a child who is at least 16 years of age but less
than 18 years of age commits improper sexual activity, a Class A
misdemeanor. Increases the penalty to a Class D felony if the person
engages in sexual intercourse with the child, and provides additional
enhancements if the person is at least 25 years of age or the activity is
forcible or not consensual. Provides for defenses under certain
circumstances.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Corrections & Criminal
Law.
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(1) a Class C felony if the offense is committed by a person at least twenty-five (25) years of age; and
(2) a Class A felony if:
(A) the offense is committed by using or threatening the use of deadly force;
(B) the offense is committed while the person is armed with a deadly weapon;
(C) the offense results in serious bodily injury; or
(D) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with
a drug (as defined in IC 16-42-19-2(1)) or a controlled
substance (as defined in IC 35-48-1-9) or knowing that the
victim was furnished with the drug or controlled substance
without the victim's knowledge.
(b) A person at least twenty-one (21) years of age who, with a
child at least sixteen (16) years of age but less than eighteen (18)
years of age, performs or submits to any fondling or touching of
either the child or the older person, with intent to arouse or to
satisfy the sexual desires of either the child or the older person,
commits improper sexual activity, a Class A misdemeanor.
However, the offense is:
(1) a Class D felony if the offense is committed by a person at
least twenty-five (25) years of age; and
(2) a Class B felony if:
(A) the offense is committed by using or threatening the
use of deadly force;
(B) the offense is committed while the person is armed with
a deadly weapon; or
(C) the commission of the offense is facilitated by
furnishing the victim, without the victim's knowledge, with
a drug (as defined in IC 16-42-19-2(1)) or a controlled
substance (as defined in IC 35-48-1-9) or knowing that the
victim was furnished with the drug or controlled substance
without the victim's knowledge.
(c) It is a defense to a prosecution under this section that the
accused reasonably believed that the child was at least eighteen
(18) years of age at the time of the conduct giving rise to the
prosecution. However, this subsection does not apply to an offense
described in subsection (a)(2) or (b)(2).
(d) It is a defense to a prosecution under this section that the
child was married to the accused at the time of, or at any time
before, the conduct giving rise to the prosecution. However, this
subsection does not apply to an offense described in subsection
(a)(2) or (b)(2).
(e) It is a defense to a prosecution under this section if all the
following apply:
(1) The accused is not more than five (5) years older than the
victim.
(2) The relationship between the accused and the victim was
a dating relationship or an ongoing personal relationship. The
term "ongoing personal relationship" does not include a
family relationship.
(3) The crime:
(A) was not committed by a person who is at least twenty-five (25) years of age;
(B) was not committed by using or threatening the use of deadly force;
(C) was not committed by a person armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and
(F) was not committed by a person having a position of authority or substantial influence over the victim.
(4) The accused has not committed another sex offense (as defined in IC 11-8-8-5.2), including a delinquent act that would be a sex offense if committed by an adult, against any other person.
